Seven residents of Kahnawake facing eviction for living in non-native unions are asking for $50,000 each in damages and the end to the rule that forbids people of non-Indian blood from living there.

A copy of the motion obtained by The Gazette argues that a 1981 policy against “mixed marriages” violates the Canadian and Quebec charters of rights, and is asking the courts to rule it as unconstitutional.

“The Charter of Rights and Freedoms must continue to apply to guarantee basic rights to people who have a right to be Canadian if they choose and to the protection of Canadian law and the basic principles of Canadian and Quebec law,” argues the motion, filed by law firm Grey Casgrain.

The seven plaintiffs argue they have been targets of harassment and intimidation over this policy, and that the Mohawk Council of Kahnawake has not done enough to stop it.

The Council denied these accusations, calling them “highly offensive and completely erroneous given its previous public and sustained denunciation of such actions.” Kahnawake’s Grand Chief Michael Delisle said the council has repeatedly urged the community, in radio and print, to be respectful and resolve these issues peacefully.

“We’re disappointed that some members want to challenge an internal issue in an outside court,” Delisle said on Monday. “This is our jurisdiction and this needs to be addressed through our community channels.”

He also denied that the Council sent eviction notices to roughly 40 members, as reported previously.

“We haven’t given any evictions since July, and that person is not one of the plaintiffs here,” he said.

The Council will make further statements “in a few weeks” after a legal analysis of the lawsuit is complete.

View the complete annotated motion below. Click the button on the bottom left to expand it.

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